'Colorism' and the Law

Amol Sinha writes: The underlying issue in the recent Court of Appeals case on whether skin color can be the basis for a Batson challenge was whether the defendant's Equal Protection and due process rights were violated by the trial court's exclusion of a juror with dark skin. However, another aspect that should not be overlooked is the broader implications on issues of race, color, and civic participation. Indeed, while the defendant's rights may have been in jeopardy, so was the Indian-American juror's ability to participate in a key function of civic society.

By Amol Sinha|January 19, 2017 at 12:00 AM|Originally published on Law.com

X

Share with Email

sending now...

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

(www.delightimages.com)

In one of its last decisions of 2016, the New York Court of Appeals held that skin color, in addition to race, ethnicity, and gender, can be the basis for a Batson challenge. The case arose from Queens, where Joseph Bridgeforth, an African-American man was charged with three counts of robbery. During jury selection, the prosecution used its peremptory challenges to strike several prospective jurors, including all five dark-complexioned women. In the 1986 case of Batson v. Kentucky, the Supreme Court of the United States held that peremptory challenges could not be used to dismiss potential jurors based solely on race. Such a strike, the Court held, would violate the Equal Protection Clause of the Constitution. Lawyers need to have race-neutral reasons for excluding jurors, and opposing counsel can raise “Batson challenges,” or objections to those peremptory strikes, and demand those race-neutral explanations.

This content has been archived. It is available exclusively through our partner LexisNexis®.

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.